Ruling: Sarasota schools can't fire Diana O'Neill

District could be forced to put teacher back in classroom despite allegations she abused handicapped children

By CHRISTOPHER O'DONNELL

Diana O’Neill, acquitted nearly four years ago of child abuse charges involving her former Venice Elementary students, has won a chance to teach again.

Sarasota County school officials Tuesday lost their third bid to fire the former teacher, a campaign the district has waged since she was found not guilty of abusing developmentally disabled students.

“It’s not what we had hoped for,” said School Board Attorney Art Hardy.

An arbiter ruled Tuesday that the state’s decision to suspend O’Neill’s teaching certificate for two months did not constitute grounds for termination, since the district already punished O’Neill once.

Parents of disabled students, who have lobbied for four years for O’Neill to be dismissed, were outraged but not particularly surprised.

Under the district’s collective bargaining agreement, the ruling is binding and cannot be appealed. District officials admitted they have exhausted all their legal options.

Union and district leaders are expected to meet in January to discuss where to move O’Neill, who has performed clerical duties in the district’s records department for roughly four years while still earning her $77,000 salary.

“The superintendent does not support a placement back with severely disabled students,” said Roy Sprinkle, director of Human Resources. “We will have to sit down with all parties involved, look at her certifications and decide what the best placement will be for everyone.”

Patty Sherknus, whose son Adam was a former student of O’Neill’s at Venice Elementary, said she plans to tell his new principal at Oak Park School that she does not want O’Neill hired there.

“I’d be surprised if any principal would really want her as part of their staff,” she said.

But Barry Dubin, executive director of the Sarasota Classified/Teachers Association, said O’Neill has earned a return to the classroom.

“Obviously we’re happy with the decision,” he said. “The issue has been resolved so many different times and it’s always been in Diana’s favor; it’s time for her to go back and teach.”

Dubin said he would not hesitate to put his own children in O’Neill’s class.

She was arrested by Venice police in 2008 on charges that she abused her profoundly disabled students; she was acquitted after a trial.

The district then tried to fire O’Neill, but an arbiter ruled she should keep her job because the district knew about O’Neill’s behavior but never disciplined her or gave her verbal warnings as required.

Instead, O’Neill served a four-week unpaid suspension in October 2009.

During her criminal trial, O’Neill acknowledged that she made disparaging comments about her disabled students, including calling one student named Olivia “Oblivia” and saying another was just sucking up oxygen. She also admitted to “bopping” students on the head with a water bottle to get their attention.

Olivia’s mother, Katie DiPierro, said she was disappointed and blamed officials at Venice Elementary who she said failed to followed procedures to give O’Neill warnings that would have allowed the district to dismiss her.

“What parent in their right mind would want this woman teaching their child anything?” she said. “I’m tired of her rights taking precedence over my child’s rights.”

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